Respect for the Justice System
by Kenneth Walton

On June 21, 2008 amid much enthusiasm, our Branch adopted a resolution making it a priority to promote respect for the justice system. Overseeing this initiative falls on the past president, a position I will take in mid-August.

Here are some of my personal views on this concept. First, clearly our judges try very hard to get justice right. The fact that the overwhelming majority of civil and criminal cases go without a hitch isn’t news. What is “news” are the murders, the innocents killed by street racers, and scoundrels charged with offences while lolling in a foreign land but not extradited. The press highlights these issues without necessarily balanced or accurate reporting. Thus, the public believes that, but for fuddle-minded judges, criminal acts would disappear.

It’s not just the high profile, newsy case reporting that denigrates our justice system; it is also an issue of public, and alas, governmental attitudes.

Some years ago a driver had a panoramic view of an accident my client was involved in. The witness refused to say anything until she was subpoenaed and questioned in court. I suspect that had the witness been the victim, and my client the witness, she would expect my client to offer cooperative testimony.

My adult children do not drink and drive because the school system drilled into them the evils of drinking and driving. Perhaps it is time for the school system to make mandatory learning in basic civics so our citizens will recognize their duty to us all. Perhaps once people understand the protection our citizens enjoy, they may be less accepting of the contemporary attitudes toward the legal system.

On Monday June 16, on behalf of our national president I greeted three new judges to our Court of Appeal. In his speech of reply, one new justice thanked the public for being willing to come forward and offer testimony during the six plus years he heard trial evidence.

Two days later, I received a message from the Ladysmith RCMP. Yes, they would be happy to supply a police report concerning my client’s accident (frequently readily available to counsel) provided I got a court order or made an Access to Information request. Colleagues tell me that this happens in other local municipalities and RCMP detachments.

The B.C. Ambulance people refuse to let me interview their attendants who it appears are important potential witnesses. The prospect of a motion under Rule 28 does not deter.

What respect for the workings of the civil justice system do these examples show?

You may think that this strays substantially from the public’s well known lack of respect for the legal system and its various players. To me it is all part of the problem. If sophisticated government agencies have such little regard for our work that they erect expensive barriers to the provision of basic information, why should we expect the public to be cooperative?

This is much more than surface disrespect for the legal system. It requires a societal shift in attitudes. It will be expensive to effect. It will require the efforts of all of the major players in the justice field, the Ministry, the courts, the law schools, the Law Society and the police.

If you have thoughts, e-mail me at fkwalton@shaw.ca. I could use your helpful suggestions, and for that matter, your help.

It has been a great privilege being your president. I wish you success in your practice and personal life.

This article was published in the August 2008 issue of BarTalk. © 2008 The Canadian Bar Association. All rights reserved.